The year 2016 has so far been a significant one for Singapore in the area of ADR. The opening of the Singapore Legal Year saw the Chief Justice of Singapore, Mr. Sundaresh Menon introducing various ADR-related initiatives in family justice cases and medical malpractice matters. This has been explored in a previous blog entry here….

First of all a very happy New Year to all our readers! May 2016 bring you peace, happiness and many, many hours of successful mediation. Here in Ireland, all we would really like is for it to stop raining, even for an hour or two. With the last month having been the wettest on record,…

When someone asks me to explain what mediation is, I often find it easier to tell them what it is not. Sometimes I will start by asking them if they are familiar with litigation or arbitration, and use those modes of dispute resolution as a point of comparison. I often see workshops and seminars introduce…

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from “that’s an interesting idea” to “it has nothing whatever to do with it”. At a conference earlier this year a senior lawyer claimed he could count…

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate…

We got off on the wrong foot right from the start. It was a boat building case and the detail was overwhelming. Too many gudgeons, pintles and bulwarks and by the time we got to a 3 day hearing, it had become the most toxic professional relationship with a counterpart lawyer of my young career. A day…

Hockey is a deeply ingrained part of the Canadian identity so it’s not surprising that the Country has been abuzz this week around the question: “Has a high profile 10-year old case been settled through mediation or not?” The case, Moore v. Bertuzzi et al,  arose from events that occurred during a National Hockey League…